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Lerner v. Power

22 N.Y.2d 767 Court N.Y. Decision date 1968-06-13 English

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p. 767
In the Matter of Alfred D. Lerner, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Paul E. Boucher, Respondent.
Argued June 13, 1968;
decided June 13, 1968.
p. 768
Eugene T. Bossides for appellant.
Eugene Mastropieri for respondent.

Order reversed, without costs, and the designating petition invalidated in the following memorandum: The undisputed evidence establishes as a matter of law that the questioned petitions were the product of the knowing, systematic acceptance of purported signatures of innumerable persons subscribed by others, thus constituting permeating fraudulent representation.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Korbman[1] . Taking no part: Judge Keating.

* Designated pursuant to section 2 of article ATI of the State Constitution in place of Burke, J., disqualified.